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Which part of the judgment establishes the precedent that is to be followed by the lower courts?
Ratio-decidendi
Obiter Dicta
The facts that are identified as binding by the judge
The section of the judgment entitled ‘Precedent’
- Option 1: Ratio-decidendi
- The part of the judgment that establishes the precedent.
- It’s the legal principle derived from the case’s judgment.
- This is what lower courts should follow.
- Correct answer.
- Option 2: Obiter Dicta
- These are remarks or observations made by a judge.
- They are not binding.
- This content is not imperative to the decision.
- Option 3: The facts that are identified as binding by the judge
- Facts themselves aren't binding.
- The legal principles applied to these facts are what courts follow.
- Option 4: The section of the judgment entitled ‘Precedent’
- No specific section named ‘Precedent’ exists in judgments.
- Precedent is based on the legal principle applied.
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